Over the past ten years, we have written about persuasive storytelling more than any other subject. There are dozens of A2L storytelling articles, e-books, and webinars on the topic. A2L's most popular CLE/presentation is called Storytelling for Trial Lawyers. I have presented it at dozens of major law firms, PLAC, DRI, and other conferences. The subject matter is always well received. The reason we publish and talk so much about storytelling is that trial lawyers increasingly understand that being a superb storyteller is essential for maximizing persuasion. More and more scientific studies confirm this each year, and I think most of us understand this instinctively. Storytelling is how humans have always shared information in a memorable and persuasive way. While many great trial lawyers are naturally great storytellers, I know from experience that anyone can learn to become a very good storyteller. It's a challenging thing to learn, but it is possible with practice. In my talk on Storytelling for Trial Lawyers, I provide one framework for telling a great story known as the Pixar method. Every Pixar movie follows this format, and it works fantastically well for building an opening statement. I've written about Dan Pink discussing this topic in the past. However, that method that both Dan Pink and I speak about is actually culled from a list of 22 storytelling tips that a former Pixar employee published almost ten years ago. The original list can be found here, but I have modified that list to be trial lawyer-friendly and focused on the opening statement. In this form, I think it can serve as a useful checklist and guide for any trial lawyer preparing an opening statement. As we help other trial lawyers enhance their opening statements and opening trial presentations/litigation graphics, it is a tool that we use, and it works. I'd recommend coupling this list with some of our other publications about storytelling, especially some of these articles: Storytelling at Trial - Will Your Story Be Used? Portray Your Client As a Hero in 17 Easy Storytelling Steps Poor Litigation Character Development Will Yield Poor Results Are You Smarter Than a Soap Opera Writer? Ten Ways to Maximize Persuasive Courtroom Storytelling (Part One) A2L's 22 Rules for Litigation Storytelling in the Opening Statement - Adapted from Emma Coats' 22 Pixar Storytelling Rules Explain how the client tried and failed over and over. Keep in mind what’s interesting to the judge and jury, not what’s interesting to counsel. They can be very different. If you have a narrative and theme from the beginning great, but if you discover those along the way, go back and rewrite your opening statement with those in mind.
Every year hundreds of thousands of people visit A2L's website and read litigation-focused articles on our blog. We have published more than 600 articles there since 2011, and the ABA and others have named it one of the top litigation blogs. Periodically we list articles that have been deemed our very best by you, our readers, based on readership. As long-time readers of The Litigation Consulting Report blog know, our articles typically focus on topics like: Using storytelling as a persuasion tool; Combining psychology and litigation graphics to influence decision-making; Maximizing results during voir dire and mock trials; and Utilizing trial technicians so that litigators can focus on connecting with the jurors and judges. Looking at A2L's top 10 articles from 2019, these topics are indeed covered, but it’s interesting to watch the trends in the most-read articles. Storytelling continues to be a very popular topic, but as you can see from the list below, so also are subjects like litigation graphics and jury consulting. Below are the top 10 articles A2L Consulting published during 2019. I encourage you to share this list with friends and on social media. Links to post to Twitter and LinkedIn in just two clicks are included: 1. One Demonstrative Exhibit, One Concept 2. Ten Ways to Maximize Persuasive Courtroom Storytelling (Part One)
As both a leading jury consulting firm and a leading litigation graphics consulting firm, we can offer a unique perspective about the intersection of these two fields. A mock trial is frequently a part of A2L's jury consulting work. One aspect of designing and executing a valuable mock trial that I take particular interest in is the development of litigation graphics for both sides of the case. This litigation graphics presentation is typically created in PowerPoint and is designed to support the "clopening" argument for each side's case. If it is not apparent, the industry term "clopening" is a portmanteau of the words opening and closing. During an actual trial, argument is prohibited during an opening statement and reserved only for the closing statement. During a mock trial, the opening and closing statements are combined into a single event where a case is introduced, explained, and argued. A typical clopening argument is 1-2 hours long, and an average of 30-60 real and demonstrative evidence slides will be used to support the clopening argument. Just a few years ago, many jury consulting firms neglected to use and test visual presentations during a mock trial. For decades, we have explained the obvious importance of this testing and made a case for it in articles like: Why Litigation Graphics at Mock Trials Make Sense, Why You Should Pressure-Test Your Trial Graphics Well Before Trial, 7 Questions You Must Ask Your Mock Jury About Litigation Graphics, and Mock Trial Testing of Litigation Graphics AND Arguments. In my experience, the visual presentation is as important as the oral presentation during a mock trial. It aides in juror understanding, it speeds up the case considerably, it provides lessons to the litigation graphics team, and it makes for a more realistic simulation of the actual trial. See, Insist Your Litigation Graphics Consultant Attend Your Mock Trial. As is often the case for a trial, preparation for a mock trial is typically focused on the development of the initial presentation for the mock jurors. It's a sensible place to concentrate trial prep efforts as designing this presentation forces timely preparation of the legal arguments, the development of a well-honed narrative, and often the discovery of the best way to visually explain a case. Preparing these presentations for a mock trial is quite different from preparing for a courtroom trial, however. Whether you are a veteran trial lawyer or you are considering your first mock trial. These three tips below are useful for anyone planning a mock trial and have proven to be critical in the very best mock trials I have observed:
This month A2L Consulting celebrated its 24th anniversary! I'm proud to say that we are at the top of the jury consulting, litigation graphics, litigation consulting, and trial technology industry in most national polls. In honor of all those top trial lawyers who rely on us every day, I want to add value to your practice today with the unique content of this article.. These five mini-series-style articles are some of the best of our 600+ trial-focused articles, and there is just nothing else like them available anywhere. Each takes a deep dive into a specific trial-focused topic. Winning Before Trial focuses on actions one can take pre-trial to eliminate the need for a trial entirely. Throughout this series the importance of preparation is emphasized. In 24 years, there is no greater predictor of success at trial than the level of preparation for trial LONG in advance of trial. The article on persuasion during opening brings together some of our most important material. As an organization, we believe most cases are won or lost during the opening statement. This article is written with winning your opening in mind. The storytelling article builds on this concept as does the article focused on being a great expert witness. Finally, the article about the Reptile Trial Strategy is one of my favorites. This complex topic is tackled from the defense lawyer perspective. Without an understanding of this plaintiffs lawyer strategy, a defense lawyer experiencing a reptile attack for the first time will be overwhelmed by the strategy before they realize it's happening. Top 5 A2L Mini-Series-Style Litigation Articles 1. 5 Ways to Maximize Persuasion During Opening Statements (4 Parts) 2. Repelling the Reptile Trial Strategy as Defense Counsel (5 Parts)
The opening statement is, in most trials, the most important part of the case. Here, biases are formed and overcome, attention levels will be at their highest, and up to 80% of jurors will make up their minds about who will win. Over three decades, A2L Consulting has supported the development of thousands of opening statements. It's where our trial-lawyer clients and we invest the most time and energy. Our work has typically included: the creation of persuasive PowerPoint presentations to accompany well-developed opening statements to; practicing and refining an opening statement 100+ times until it is perfectly delivered; testing versions of opening statements in a mock trial setting to help best plan the trial strategy. Our team is made up of trial lawyers, psychologists, litigation graphics artists, and hot-seaters. We see many of the world's best trial lawyers practice their craft on a regular basis. As I have always said and written about, Great Trial Lawyers Behave Differently. I often write about how their preparation is altogether different from an average litigator. When I do write about this topic, my goal is to cross-pollinate great techniques and ideas. This article is no different. I want to share some of what A2L has learned along the way both by watching great trial lawyers prepare for trial and by helping them do so. These best practices expressed in these top 10 articles/books/webinars about opening statements are unique. I hope you can put this information to use as you prepare for your next trial. How to Structure Your Next Speech, Opening Statement or Presentation 6 Reasons The Opening Statement is The Most Important Part of a Case 5 Things TED Talks Can Teach Us About Opening Statements
"Only do what only you can do." My mentor throughout the 1990s and 2000s used to say this to me, and it was one of the best lessons a CEO with a fast-growing company could hear. The message was, of course, to stop trying to do too much myself and let other people do their part. Don't micromanage. Don't rescue. Don't interfere. Don't hover. And do let people learn by doing - even if it means making (small) mistakes. The overall message was to delegate responsibly. Based on three decades of observing the world's best trial lawyers, I can confirm that the best trial lawyers are experts in delegation, whether they are first chair or fifth chair. However, many trial lawyers, particularly those with many members on a trial team, would benefit from better following the lead of the greats. The problems I've seen (and I bet you have too) are numerous. Because a trial lawyer can use PowerPoint, some insist on doing some or all of the litigation graphics. See, 12 Reasons Litigation Graphics are More Complicated Than You Think. Because they've lived with the case for years, many trial lawyers are anxious about conducting a mock trial or asking for feedback on their planned narrative. See, 50 Characteristics of Top Trial Teams and The First Version of Your Story Is NOT Your Best.
Working at A2L, I have the distinct pleasure of watching many of the world's best trial lawyers prepare for trial. Most start months or years in advance. Those lawyers engage A2L early to do theme testing with a focus group or to organize and run a mock trial. Each of these events requires the creation of litigation graphics and usually assistance in developing an opening statement. Having watched so many great trial lawyers prepare for 25 years, I have been able to observe patterns in how they prepare. Below I share ten chronologically ordered tips (plus accompanying resources) based on these observations. If you're less than one year from trial, I hope these tips are still helpful, and I hope you will get in touch with me. More than one year from trial: There is no better time to do theme testing then when discovery is still open. Read more in How Early-Stage Focus Groups Can Help Your Trial Preparation and as you start this journey, always remember that Great Trial Lawyers Behave Differently. One year before trial: Plan your first of two mock trials. There are dozens of good reasons to conduct a mock trial, but forcing yourself to prepare early may be the very best one. Read my one-year trial planning guide and read A2L's Opening Statement Toolkit. Also, it is a good time to read A2L's Jury Consulting and Mock Trial Handbook. Nine months before trial: Begin or continue development of your litigation graphics. If you conducted a mock trial, you already have a good start. Read How Long Before Trial Should I Begin Preparing My Trial Graphics?, 10 Reasons The Litigation Graphics You DO NOT Use Are Important and The 13 Biggest Reasons to Avoid Last-Minute Trial Preparation. Six months before trial: Refine your opening statement story and the visuals that will support it. Make sure your experts have their visuals being worked on by your litigation graphics team - not the in-house people at the expert's firm. Watch Persuasive Storytelling for Trial Lawyers and read Storytelling for Litigators. To help develop your experts, have them read this three-part series on How to Be a Great Expert Witness. Three months before trial: Conduct opening statement practice sessions with your trial team, litigation consultants, and your client. Read The First Version of Your Story Is NOT Your Best, 3 Ways to Force Yourself to Practice Your Trial Presentation, and Practice, Say Jury Consultants, is Why Movie Lawyers Perform So Well.
At A2L, we work on many disputes and trials of various types and sizes. Before starting work, we routinely provide our customers with estimates of what we think it will cost to engage us to conduct a mock trial, prepare trial presentations, assist in the development of the opening statement, and run the courtroom technology. While it’s never easy to estimate the final costs of fast-moving complex litigation, it's something that firms like ours and large law firms do every day. We've been doing it for 24 years, and we've even pioneered some innovative pricing strategies for litigation graphics and trial tech work. However, I've noticed two schools of thought when it comes to estimating, and one of them seems to lead to better outcomes. In shorthand, I'll call these two methods a top-down method and a bottom-up method. In my experience, the top-down method leads to more successful engagements, more wins, and much better and trusting relationships.
I’m far from alone in asserting that Steve Jobs was an inspiration to many entrepreneurs and CEOs of all ages. For many of us, his contrarian thought process, rigorous attention to detail, and spectacular showmanship formed a model for how to innovate, run a business, and find new customers. I tracked Jobs’ career during my college and law school days and went so far as to email him a couple of times to thank him for the inspiration that he provided to me. Over the years, his 2007 speech introducing the iPhone served as a model for me. It showed me how to make a presentation that is both informative and inviting. I’ve written about that here. Later, when I was preparing to deliver a commencement speech, I used his 2005 Stanford commencement talk as an example. Steve Jobs’ presentations were admired by many. But not as many people have looked behind his presentations to understand that level of preparation that was involved in each presentation. An article earlier this year from Inc. magazine said it very well: Every product launch was brilliantly performed. Every move, demo, image and slide was in sync and beautifully choreographed. If I sound like I'm describing a Broadway show, you're right. A Steve Jobs presentation had more in common with an award-winning theatrical performance than a typical product launch. Apple still uses the time-tested formula including the final secret ingredient: Jobs rehearsed relentlessly. Carmine Gallo, the author of this article, pointed out that Jobs’ presentations looked effortless precisely because he put so much effort into them. These ideas are totally in keeping with the conclusions that I have reached in three decades of observing trial lawyers. I’ve heard far too many first-chair trial lawyers claim that the reason they didn’t practice their opening statement relentlessly was because it wouldn’t appear spontaneous if they did. Quite the contrary; the openings that I have heard that appeared the most spontaneous were precisely the ones that were the most thoroughly rehearsed. Apparently, Steve Jobs shared that approach. His grueling hours of practice became legendary in the tech industry. The Inc. article, in analyzing the desirable amount of practice time, concluded that the ideal is the 20-20 rule, which means that for a 20-minute presentation, one should go through the whole thing at least 20 times. This is consistent with the conclusions that I’ve reached about trial practice. We like to use a rule that a 60-minute opening should be practiced for at least 30 hours. We all want to look relaxed, confident and conversational in making our presentations. That is a good instinct because that style is in fact persuasive, but the way to get there is not with last-minute cramming, an opening statement practiced privately in a hotel room with no one listening, or an off-the-cuff talk relying on a few bullet points. The best openings I’ve ever seen are the result of countless hours of practice — often done in one-to-one sessions with an A2L litigation consultant. As is the case with any presenter, practice is what separates good trial lawyers from great trial lawyers. You might say, great trial lawyers just “think different” when it comes to practice. Other free A2L articles about trial preparations, delivering great presentations, practice, and developing opening statements include: $300 Million of Litigation Consulting and Storytelling Validation Conflict check: Be the first to retain A2L 3 Ways to Force Yourself to Practice Your Trial Presentation Dan Pink, Pixar, and Storytelling for the Courtroom Practice is a Crucial Piece of the Storytelling Puzzle Three Top Trial Lawyers Tell Us Why Storytelling Is So Important Winning BEFORE Trial - Part 3 - Storytelling for Lawyers Free A2L Consulting Webinar: Persuasive Storytelling for Litigation Storytelling at Trial Works - But Whom Should the Story Be About? Free 144 page A2L E-book download: Storytelling for Litigators Free A2L webinar - Storytelling as a Persuasion tool The Magic of a 30:1 Presentation Preparation Ratio The Very Best Use of Coaches in Trial Preparation 12 Ways to SUCCESSFULLY Combine Oral and Visual Presentations 7 Ways to Draft a Better Opening Statement In Trial Presentation - A Camel is a Horse Designed by Committee The 12 Worst PowerPoint Mistakes Litigators Make 12 Reasons Bullet Points Are Bad (in Trial Graphics or Anywhere)
It’s a phenomenon that I’ve seen countless times – renowned first-chair trial lawyers seeking to maintain hands-on control of their trial presentation by literally holding on to the clicker. Unfortunately, despite these lawyers’ sometimes desperate efforts to keep control, something almost always goes wrong in these situations. For example, lawyers can lose track of their place and get ahead of their presentation in PowerPoint or another form of presentation software. They can try to go back a slide or two and find that they can’t get back. They can even click around so wildly that they crash the software during an opening statement. As one can imagine, these scenarios can lead to a cascading meltdown for the presenter, who can become increasingly flustered. I’ve seen trial lawyers stop using their presentation software just because of an unanticipated “clicker crisis.” This level of crisis can be highly destabilizing for the lawyer’s team, as the lawyer’s frustration can spill over to the judge and jury. It can cause an immediate lack of credibility. At the very least, it can create distance between the trial team and the judge or jury, just at the moment when the team should be building rapport. The solution is remarkably simple. In a recent article, I wrote about Israeli Prime Minister Benjamin Netanyahu’s presentation concerning Iran’s nuclear capabilities. If you watched Netanyahu for even a few seconds, you noticed that he wasn’t controlling a clicker. He looked prepared, confident and convincing – and one reason for that is that he used the political equivalent of a trial tech or hot-seat operator to take charge of the clicker.
Quite frequently, defendants in major cases will decide to form joint defense groups. Joint defense groups are intended to provide defendants with significant efficiencies that result from common effort in facing a common adversary, whether in a patent case against the same patent holder, tort litigation against the same set of injured people, white-collar criminal actions against the government, antitrust litigation against the same plaintiff, and so on. But joint defense groups, which by their nature bring together several high-powered lawyers at a single defense table in the courtroom, can present unique challenges. Sometimes, joint defense groups will work as planned and the defendants will reap the benefits of their cooperation, and sometimes they will break down. Here are some best practices for joint defense groups to follow at trial that will help them succeed rather than fall apart in the heat of trial. Clear Leadership. The group should pick a clear leader. Studies of organizational behavior and dynamics show that for “pop-up businesses” with limited durations and specific tasks to accomplish, like movie production crews or trial teams, success is associated with the early selection of a team leader. Many trial teams may be afraid to antagonize a lead attorney for one of the parties who is not chosen and may thus hesitate to make a choice, but it is best to pick a leader and move forward that way. Just Enough Consultants. The group should pick one consulting firm for each trial-related task – for example, one consultant to handle all graphics and litigation consulting. The “too many cooks” phenomenon is definitely present if the group decides to select multiple vendors for key consulting roles in the trial. The attorneys should be focusing on their case, not on resolving disputes between vendors.
The trial technician, sometimes called the hot-seater, is the person who runs the courtroom technology so that a trial team does not have to do so. A trial tech typically uses programs like Trial Director to manage thousands of exhibits and has each at the ready to be displayed and highlighted. During opening, closing, and expert testimony, the trial tech runs the PowerPoint system to ensure flawless and well-choreographed presentations. The benefit of using a trial technician is that the trial team can focus on the law and the facts and can concentrate on connecting with the judge and jury rather than having to worry about the technology. When the relationship between trial counsel and the trial tech is smooth and well-rehearsed, the presentation looks like a perfectly planned and executed professional live production. We have been deploying trial technicians around the country for trials long and short for the past three decades. We were even sending out trial techs before PowerPoint was being used in the courtroom and when the preferred format for electronic evidence handling was the laser disk. In this time, we have employed dozens of trial techs and have learned what makes a good one and what kind of preparation equals success. Here are 12 tips for finding just the right technician: 1. Experience is everything. Our techs usually have a dozen or more major trials under their belts. Some have been to trial hundreds of times. They also routinely run the technology at hearings and during arbitrations/mediations. See, With So Few Trials, Where Do You Find Trial Experience Now? 2. The first-chair attorney must be willing to practice with them. There is no substitute for practice and preparation in the courtroom. The great trial lawyers practice frequently so that the trial looks flawless. See Practice, Say Jury Consultants, is Why Movie Lawyers Perform So Well. 3. They have war stories galore - particularly in overcoming problems. Courtrooms are not usually state of the art, so much of the technology must be brought in or enhanced. Otherwise, jurors are left wondering why their own living rooms and work conference rooms are much more advanced than what your trial team is providing. Great trial techs have overcome hundreds of small issues in a trial. See 12 Ways to Avoid a Trial Technology Superbowl-style Courtroom Blackout.
Dr. Robert Cialdini has identified six basic principles of persuasion. One of them is liking. If people like you, they are more likely to say yes. Why is that important to a litigator? Quite simply, any litigator wants to persuade a jury, judge or other adjudicator to agree with her, and if the adjudicator likes her, she is more likely to win her case. The key to getting someone to like you is to remember that it’s not just a momentary feeling but a sum of everything that the person thinks about you – and that the feeling is not permanent, but you can at any time do something to improve or to detract from the person’s feeling about you. As a litigator, you are always one misstep from losing the audience. Here are ten things you can do as a litigator that will make you more likable: Focus on how you are perceived. In 2015 Jimmy Fallon put U2 in disguise and had them play at the 42nd subway stop in New York City. Even with cameras around, and the odd fact that the lead singer sounded just like Bono, they were largely ignored. Jimmy then framed the band (again in disguise) as a local band wanting support. Suddenly, once it was known they are U2, everyone went crazy. The most remarkable part was seeing an adolescent looking at them when in disguise as if he is waiting for a car crash, but the next time you see him, after the reveal, he is dancing and completely loving what he is hearing. They music did not change, just the framing. How you appear to your audience will set the stage for how they react and their willingness to give you the benefit of the doubt. See also, Like It or Not: Likability Counts for Credibility in the Courtroom. Ask questions. It is human nature to be helpful, and we all have the desire to share what we know. When someone appears to need our help, we tend to like them more because we are the ones providing answers. Just remember HOW you ask them is crucial.
On this day sixty years ago, a 34-foot-tall Soviet rocket lifted off the Earth from a Cosmodrome in present-day Kazakhstan. Its payload -- a shiny silver globe with four external antenna masts to broadcast a repeating radio chirp back to Earth. The Soviets called it Prosteyshiy Sputnik 1 -- “Simple Satellite 1.” The world’s first successful orbiting satellite was tiny, just 22 inches in diameter and weighing 184 pounds. But its “beep-beep -- beep-beep” signal was rebroadcast everywhere and easy to pick up directly by shortwave radio. Sputnik could also be seen in orbit by the naked eye, the sun glinting off its polished shell. In the moment a person first heard or saw Sputnik, they were catapulted into a new and different world. For 21 days Sputnik circled our planet, captured our imaginations, reshaped American national priorities, and changed the order of our lives. The Space Race began. NASA opened for business one year later. Within twelve years, Apollo 11 delivered two Americans to the Moon. Back to present-day Planet Earth. You are a lawyer on a jury trial. Opening statements begin tomorrow. How will you capture the attention of your audience of jurors? How will you get them to pay close attention, to focus on what matters most for your client? Even the best storyteller struggles with this. And to be honest, many trial presentations are, by their nature, not exactly heart-stopping. Plan for that. Find some element of the narrative that commands attention from the jurors, that challenges them to think deeply and to care genuinely about what is going on in that courtroom. Capture the jurors’ attention in that opening statement, and you can have it again later, coming back to that moment when the story struggles to engage the listener. Give jurors that moment they crave, that leaves them changed by something they just heard or saw. Make jurors feel that the trial will make a difference in someone’s life, even in their own lives. Mark the spot in the case that separates life “before” and life “after.” Ask yourself, what is going to be your trial’s “Sputnik” moment? Other free A2L articles A2L and free webinars related to opening statements, storytelling, and being memorable at trial include: 6 Ways to Use a Mock Trial to Develop Your Opening Statement Free Download: Storytelling for Litigators E-Book 3rd Ed. 14 Differences Between a Theme and a Story in Litigation 25 Things In-House Counsel Should Insist Outside Litigation Counsel Do 5 Things TED Talks Can Teach Us About Opening Statements 7 Ways to Draft a Better Opening Statement 5 Ways to Maximize Persuasion During Opening Statements - Part 1 Why a litigator is your best litigation graphics consultant 6 Reasons The Opening Statement is The Most Important Part of a Case How to Structure Your Next Speech, Opening Statement or Presentation The Effective Use of PowerPoint Presentation During Opening Statement 5 Things Every Jury Needs From You Is Hiring a Jury Consultant Really Worth It? Free A2L Consulting Webinar: 5 Ways to Maximize Persuasion During Opening Statements — Watch Anytime 12 Insider Tips for Choosing a Jury Consultant
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